Tim Warren

Despite industry requests for delayed enforcement of the Uyghur Forced Labor Prevention Act to allow for a review of CBP's coming guidance around the new law (see 2203110059), the agency seems set for full implementation starting June 21, said Elva Muneton, CBP acting executive director for the UFLPA Implementation Task Force. "The expectation is that we will be ready to implement the Uyghur Act on June 21 and that we have the resources and that we're going to take the approach of addressing any shipments coming from that region," she said. "So the question is, are we ready to implement? Yes, we are. June 21." Muneton and others spoke June 1 during the first of three CBP webinars about the UFLPA (see 2205250021).

The Office of the U.S. Trade Representative will extend the exclusions from Section 301 China tariffs on goods used to treat COVID-19 for another six months, it said in a notice posted on the agency's website. The exclusions were set to expire May 31 (see 2111100037), but USTR said it will extend the 81 product exclusions through Nov. 30.

CBP plans to send letters to "identified as having previously imported merchandise that may be subject" to the Uyghur Forced Labor Prevention Act, CBP said in an April 12 email. The UFLPA imposes a rebuttable presumption that goods from Xinjiang Uyghur Autonomous Region involve the use of forced labor as of June 21. Ahead June 21, CBP will use the "known importer letters" to "encourage those importers to address any forced labor issues in their supply chains in a timely manner," it said.

President Joe Biden signed into law on April 8 legislation to end permanent normal trade relations status for Russian and Belarusian goods and codify an existing ban on oil from Russia, the White House said. Congress approved the bills April 7 (see 2204070036).

CBP disagreed with several assertions made by the DHS Office of Inspector General in a new report that questions CBP's oversight of the Centers of Excellence and Expertise. "When combined with inadequate procedural guidance for the Centers, there is heightened risk of importers illicitly attempting to avoid paying duties and fees and circumventing trade practices, defrauding the Federal Government, and undermining lawful business," the OIG said. "Further, unreliable data from information systems hinders CBP’s ability to inform legislation, policies, and programs to improve them and make them more efficient."

CBP posted more documents ahead of the March 31 Commercial Customs Operations Advisory Committee (COAC) meeting:

CBP posted some documents ahead of the March 31 Commercial Customs Operations Advisory Committee (COAC) meeting:

CBP should recognize imports of goods under the $800 de minimis threshold as entries, as a way to help prevent low value goods made with forced labor from coming into the U.S., the National Customs Brokers & Forwarders Association of America said in comments to DHS on implementing the Uyghur Forced Labor Prevention Act. "By treating the commercial de minimis exemption instead as an entry of merchandise, the Government can continue to promote the administrative ease that section 321 affords legitimate gift and personal use shipments, while also ensuring goods imported under the commercial de minimis exemption are eligible and admissible and pose no threat to our country’s economy, safety, health, or security and particularly are free of forced labor," the trade group said.

Though the Uyghur Forced Labor Prevention Act (UFLPA) designates polysilicon as a “high-priority enforcement sector,” the polysilicon produced in Xinjiang, and elsewhere in China, “currently does not meet the extremely high levels of purity required for semiconductor-grade polysilicon,” the Semiconductor Industry Association commented in docket DHS-2022-0001. The comments were in response to a DHS notice on how best to comply with UFLPA measures for preventing goods produced with forced labor in China from being imported into the U.S. CBP, under the direction of the Forced Labor Enforcement Task Force (FLETF), is scheduled to begin enforcing the statute’s “rebuttable presumption” measures June 21.

CBP posted an updated guidance document on proving admissibility for goods that are stopped due to the withhold release order aimed at silicon produced by Hoshine Silicon Industry, a company located in China's Xinjiang province, and its subsidiaries (see 2106240062). The guidance is "intended to provide information to the trade community including contact information on where to seek guidance on admissibility packages, tips for admissibility package submissions, processing expectations after initial supply chain verification, and advance rulings," CBP said in its description. The agency previewed much of the document during a recent webinar (see 2203070075).